ota, a traditional fan. love it, especially on, on a day like today. have a great night. thanks for joining us here in the war room. welcome to "the young turks." on a giant news day! did something happen in the supreme court? i think something that was kind of a big deal. >> ladies and gentlemen, the president of the united states of america, barack obama. [ cheers and applause ] >> it was indeed. we'll tell you all about it. we'll break it down. what did president obama think when he thought he had lost initially. why did he think he had lost? because of this giant media failure. >> the supreme court have struck down the individual mandates -- >> the individual mandate has been ruled unconstitutional. >> wrong again, bill!

it actually was totally wrong on fox news and cnn. we'll talk about that as well. and as if this wasn't gigantic enough, for the first time in history, they hold the thorn general in contempt and the democrats walk out. >> these are members who have walked out in protest. they are holding hands, walking in solidarity. >> giant news day! don't miss a minute of it. we're coming. it's go time! [♪ theme music ♪] breaking news here on the fox news channel, the individual mandate has been ruled unconstitutional. >> the supreme court has cast arguably the most important vote in a generation -- >> reaction is rolling in to the supreme court decision to uphold

the affordable care act -- >> the highest court in the land has now spoken. we will continue to implement this law. >> what the court did not do on its last day in session i will do on my first day if elected president of the united states. >> today's ruling understood scores the urgency of repealing this law. >> we want to be brief and follow the supreme court addition today, and reelect barack obama. >> it's about wellness prevention, and the health of america. >> i didn't do this because it was good politics. i did it because i believed it was good for the country. ♪ >> so it looked like in the beginning of the day the republicans had won. they were going to rule it unconstitutional. in fact it was reported that way on cnn and fox news. president obama thought he had lost. great reporting on that.

and then all of a sudden out of nowhere, the republicans found themselves in the middle of the ring! and they were thinking wait wait wait! where is the elbow? who is it coming from? and of all people watch this the conservative nailed the republicans! down they go! down they go! i got to be honest with you. it wasn't me. i didn't think it was going to go that way. let's take a look at the justices who ruled on each side. john roberts? and of course the decent. apparently roberts switched just in time. all right then the democrats

come out, they celebrate. watch. >> this is a good day for the american people. they won today. >> this day is what democracy looks like. >> thank you president obama. it is a great day for americans. >> the justices have spoken, now let's get back to work. >> we are going to head forward and continue to make healthcare truly something that all americans can have and enjoy. >> so what was the switch all funny thing is chief justice roberts actually said the main argument the commerce clause he didn't buy the argument. he said this was not within the power of the federal government but here is what he said quote, it is reasonable to construe what congress has done as increasing taxes on those who have a certain amount of income or choose to go without health insurance. such legislation is within congress's power to tax. he said look basically if you are not paying the health

insurance and within a certain range, and they want to tax you for not paying the insurance and getting the free service anyway well, it makes sense. it is within their power. there you have it. let's take a look at president obama's reaction. >> with today's announce. it is time for us to move forward and keep our focus on the most urgent challenge of our time putting people back to work paying down our debt and building an economy where people have confidence that if they work hard, they can get ahead. >> we have a power panel of sorts to talk about the implications of this law. michale hastings is going to tell us about the presidential reaction, we have a law professal at the university of colorado, and michael shure, we're going to talk about the republican reaction. michale hastings let me start

with you, the president for a while thought that he has lost. it was apparently in the reporting i saw, over several minutes because they thought they had lost. do you have any sense at that point in time, what was he thinking? >> there were seven minutes when cnn wrongly reported the decision to when cnn corrected that. in that time one of the president's lawyers said no, sir cnn and fox have got it wrong. this thing passed you are good to go. and with that he gave a high five, i believe to someone else in the white house, and then made a call to the lawyer who had argued the case so memorably in the worst way possible months earlier. now it seems like this huge success going into the summer.

>> michael let me stay with you for one more question in this block. do we know what their plan would be have been if they had lost and what their plan is now politically speaking? >> they were going to be in big trouble had they lost. i was preparing to write the story that said this thing got overturned. it is the worse summer ever. you have these leak investigations. they can't raise any money. but now you have the supreme court give a stamp of authorization on what was once considered a controversial law and they are rung off of it. they put out an ad i think, within an hour after the decision. they are raising money, and they are going to use this as an issue to differentiate themselves with mitt romney. because the one thing that mitt romney does not want to talk about is his health care proposal because it is basically the same to what he has in massachusetts. huge victory for the president, and a subject that he is going

to have to keep talking about but doesn't want to. >> all right. michael great reporting. let me go to professor campos. i find one of any most interesting parts of this that chief justice roberts apparently switched his vote at one point in time. tell me about that. why do we think that happened? and do we know what motivated him to make the switch? >> well, to take the first question, i think any lawyer who starts reading this opinion -- starts reading the decent would be struck that it reads lycan opinion. and then you get to page 13 and they start talk about justice ginsburg concurrence, as the decent, and 15 times in, the decents opinion refers to

ginsberg's opinion as the decent -- >> so professor, stop there for a second. let me explain to the audience. they had written the opinion -- the conservatives had written it as if they had won. they forget to edit it and they say, the decent of justice ginsberg, and then apparently roberts switches so late that they handed in the wrong couple of pages. my god such a last-minute change. any idea why? >> there has been quite a lot of talk around the washington legal circles that chief justice roberts is under enormous political pressure not to overturn this law, and it appears that pressure has worked. i think there's an alternative explanation for why the decent is worded in the way it is. i think the four dissenting justices are so angry that they decided to leave that in as

essentially a tell letting everybody know that roberts stabbed them in the back at the last moment. otherwise they would have edited >> wow. >> and i think they can claim to not be breaking the confidentiality of the court but sending a dog whistle signal that we had this in the bag and at the last moment roberts essentially ratted us out. >> wow, as ana would say, drum. that's some serious drama. all right. we'll come back to you later in the show and talk about chief justice roberts and how he has been reacting and acting with the president. i want to turn to michael shure here. let me play you a clip by mitt romney and talk about the republican reaction.

>> if we want to get rid of obamacare, we're going to have to replace president obama. my mission is to make sure we do exactly that. if we want good jobs and bright economic future for ourselves and our kids we must replace obamacare. that is my mission, our work and i'm asking the people of america to join me. >> two schools of thoughts is what michale hastings said. and there are a lot of conservatives who said yes, we are energized, our last stand to make sure that obama wins. >> there is nothing that says they are going to repeal obama administration care. it is so much more complicated than actually repealing obamacare. all of these states are going to have all of this implemented by

then -- >> i don't agree. i think they will repeal it on day one if they have congress. >> i don't. and we'll talk about that later. one thing that hastings said is donald verilli had a good day -- >> i'm not sure i agree with that either. you know why? because they didn't accept his argument. his main argument -- he didn't even really argue the tax thing at the last second -- >> cenk -- [ overlapping speakers ] >> the solicitor general on two cases this week did nobody call a plane wreck and a train wreck and they both made it through the courts -- >> give me a bottom line. republicans advantage or disadvantage -- >> huge, huge disadvantage. this obama thing was upheld by the supreme court in large part today -- and really huge part today. they could run proudly on obamacare. now it has to go back to the economy.

the whole idea of running against obama on healthcare out the window. >> finally we have an agreement. i agree with the two michaels. my bottom line is i didn't love the bill overall. i don't love the mandate. but if they had struck it down the despair and the hopelessness among democrats and progressives i think would have been profound and instead everybody is energized and excited and it seems like at least in some areas change is possible. so i think it was a huge day for president obama, and don't let anybody tell you otherwise. you win by winning. when we come back more absurd republican reaction. we'll take a look at that and what is their new plan. and how we can fight back against that too. >> what the court did not do on its last day in session, i will do . . . >> fox news alert let's get to

next, john fugelsang is filling on viewpoint with eliot spitzer. >>that was mitt romney showing once again his fearless fear of taking a stand that helps make him all things to no people.

the airplanes are going to get from one part of the country to the other without any air traffic controllers. i mean this is ridiculous and mitt romney ought to know better. i stand with our public employees and cops and firefighters and their teachers? >>it's the place where democracy is supposed to be the great equalizer, where your vote is worth just as much as donald trump's. we must save the country. it starts with you.

all right so obviously the supreme court rules in favor of president obama's healthcare legislation and it is upheld. so what do you have from the republicans? oh they lost it? look at them go vivid here? >> i think today's ruling underscores the urgency of repealing this harmful law in its entirety. >> we can and will repeal obamacare. >> today's decision makes one thing perfectly clear congress must act. >> i have scheduled a vote for total repeal of the obamacare bill. >> republicans should challenge every democrat to embrace that this is a tax, and if they won't imbrace it being a tax, repeal the bill. >> all right. i also want to show you the elation on the other side.

>> the congress voted, the supreme court has ruled for healthcare! we now know that healthcare is constitutional, undeniable, and irreversible! >> we are going to head forward and continue to make health care truly something that all americans can have and enjoy! >> we can't look back. we need to look forward. we shouldn't waste time refighting old, old battles. we should focus on creating jobs. >> harry speak up even in his moment of craziness, he is like let me tell you something. let's bring in a couple of other people who are excited. eleanor clift and michael shure. eleanor let me start with you. first of all the republicans say they are going to do a repeal and centerpiece of the campaign for romney et cetera.

good idea? bad idea? >> terrible idea. i think that's the last thing the american people want to hear is let's refight the health care bill again. they didn't like it the first time around. and the notion that the republicans on their own can dismantle this is absurd. and now the president can finally sell this thing in a way he didn't the first time around and it has the cover now of constitutional protection and he even won over justice roberts. i think republicans and conservatives must feel terribly betrayed by justice roberts. for him to go on his own to join with the liberals i think really says something that he elevated himself in the court above politics. >> you got credit where credit is due. give him credit on this one. my guess is he will vote conservative for the rest of his

life after this one. but michael, you said in a previous segment that they can't repeal it -- >> they can -- it can be repealed, but in terms of political practicality as eleanor just said -- remember the healthcare townhalls, those townhalls will be filled parents of children with preexisting conditions. and then states can ask for a waiver but when they see the kind of federal grant money, they will be very tentative about asking for those wavers. >> i agree it is a bad strategy for them on the presidential level. i think if they do win, the republicans are not going to care, they are going to see blood and goo full steam ahead. they say this bill is unpopular

overall, but when you look at its provisions except for the mandate, they are all intensely popular. covering preexisting conditions 82% popularity. so can president obama flip this around, and say if this guy mitt romney wins he will take that away from you? >> i do think we'll hear a more assertive approach on this issue, and the only thing that the republicans are jumping on is the fact that the corticaled at it tax. it's a tax in the sense that people who can afford health care and choose not to have it which is estimated to be like 1% of the population would pay a rather small penalty. romney's plan has a penalty of $1,200 if you don't participate. so how does this man run against the president for a mandate that

is not nearly as onerous. i think it takes healthcare off of the table as a positive for the republicans. >> let's talk about the tax part of it because that is really interesting too. you are right, eleanor in bringing that up. that seems to be the main go-to, michael. oh my god there is a tax! and justice roberts can say listen, i voted in favor of the corporations. and i framed it as a tax, what more can i do for you guys right? so that seems like it is served up politically. >> it is. and there is some sort of funky legislative thing, because the health care and mandate was decided in reconciliation in the house and senate the senate can vote it out at a 51/49 margin. they are lower the penalty down

to $0. >> i wouldn't mind that. if you say i'm a progressive. it's a conservative idea reduce the so-called tax to zero, have at it haus. i would love that. i think they are losing on every level. i noticed that the president in his speech today mentioned it saying, hey, that was a republican idea. is that a sign of things to come for him to say, hey, if you don't like the mandate, go blame mitt romney, it ain't my problem in >> right. he can hang the whole plan around mitt romney's neck. and as crazy as the republicans are, they are never done anything about the replace part. so i don't think in the end that they can or will repeal this because what would they put in its place? i think this is

basically -- it's healthcare cue day tau by president obama. he has pulled it off and done what so many presidents tried to do and couldn't. and i think it's a huge feather in his cap going forward. >> thank you so much as always. >> the idea that they now get to message this in a proper way as a candidate -- >> and the president tried to do that today. he said here is what is in the bill. here is what you need to understand is coming in your direction if you reelect me. so what is in the bill and what are the advantages of it. stay right here. and when we come back the other giant news of the day, they hold the thorn general in contempt for the first time in american history, and the democrats walk out. >> what does the gentlemen from new york right?

of sununu, you're wrong. mitt romney, you're wrong. we need more teachers, not fewer teachers and more cops and more firefighters that support our

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>>you couldn't say it any more powerfully than that. >>it really is incredible. ♪ all right. we're back on "the young turks" with even more huge news. so the republicans in a 255-67 vote for the first time in american history held the head of the justice department in contempt today and that is because he is not answering a subpoena according to them on documents regarding the fast and furious program. they went ahead with this vote and the democrats were not happy about it and it lead to this

dramatic moment. >> seeing our life pictures outside the capitol. these are members who have walked out in protest. they are holding hands and walking in solidarity to protest this contempt motion against eric holder, the attorney general of the united states the first time that the nation's highest-ranking law enforcement official will be held in content of congress. >> dramatic move because the fast and furious program where the atf officers took guns and gave them to the mexican drug cartel. except we know that didn't happen. the atf had no such tactic. they never purposefully allowed guns to be illegally trafficked. they say they seized weapons whenever they could, but were hamstrung by prosecutors and

weak laws which stynied them at every turn. and here is another amazing part. issa is testifying as to why they are doing this. >> do you have any specific evidence that the attorney general knew of or authorized -- >> during the inception and the -- the participation through the death of brian terry, we have no evidence nor currently do we have strong suspicions we have a number of people including lanny brewer who should have known, who's responsibility was to know that is part of our ongoing, figure out who is responsible, and where the wheels fell off of the cart. >> so they not nothing!

here is the reaction. >> today's vote is the regrettable culmination of what became a misguided and politically motivated investigation during an election year. congressman issa and others have focused on politics over public safety. >> all right. now let's bring in someone who walked out. we have representative steve cohen who was one of the democrats to walk out. and michale hastings will join us as well. kongman cohen let me start with you. talk about the walkout. why did you take part in it? who organized it? why do you feel so strongly about it? >> it was the congressional black caucus that started it and it grew to the congressional caucus as well. and then it was the whole democratic caucus. i voted no.

several people voted no. a few people voted aye on the democrat side and then we walk out. i just went ahead and voted. the president asked me to vote no, and that was before all of this hand and i was going to support my president and attorney general and do the right thing. >> so congressman, it is an interesting thing here. 17 democrats voted with the republicans, but did they read the "fortune" article that the atf had no such program? it's like the atf agents tried to arrest those guys and they said hey because of the weak laws in arizona you can't do it. >> i don't know. john yarmouth mentioned it to

me. i doubt many people knew about it. but the facts didn't make any difference. this was part of fast and furious republican attack to hurt barack obama. it started fast and furiously when barack obama was inaugurated. they fast and furiously have done everything they can to stop jobs, stop the growth of the middle class continue to feed the oil industry ship jobs overseas, kowtow to whichever banker or interest group they can and doing everything they can. and they hope to pick up some seats. this is total police call histrionics, which is unbecoming of the congress of the united states and unbecoming really of human behavior in general. [ laughter ] >> it's interesting how slowly

news travels in washington. this massive expose that pretty much proves the fast and furious program is not what it has been described. how about the press? have they read it? the "new york times" said it didn't like we gave them the guns, but on the other hand they were slow to react -- >> no that report and to shed light on what the congressman said. it is a political reason to get at holder. as an african american attorney general he is also very close to president obama. just, i think two weeks ago. the president was at a wedding in chicago, where attorney general holder was a guest to valerie gerald, another close

ally. they sensed that holder was weak because in the past he had lost some major battles within the white house. if you remember going back to the mohammed trial he was embarrassed about that. and he clashed with some of the senior advisors as well. >> michael -- i got to jump? here. you mentioned the racial angle here. is that a part of the equation here is it just that eric holder is close to the president? or is there a racial angle to this story? >> i mean look -- i'm not the one to talk about that. i probably shouldn't even mention it to stay out of trouble on twitter, but i think there is. [ laughter ] >> i'll just ask you, is it a coincidence that the first contempt vote was brought against the first african

american attorney general. >> michael i agree with you, and i think it was race. and i think it's the second step? joe wilson you lie. that wouldn't have happened if the president of the united states looked like john wayne and the torn general looked likal pacino or whatever. >> it just doesn't seem like he did anything wrong. [ overlapping speakers ] >> issa said it. i don't have a smoking gun. i don't know. >> one last thing, congressman cohen, i'm not sure that it is specifically about race when it comes to holder et cetera. but it might be about race more generally, because holder is saying i'm not going to let you do these voter id laws, and the

voter id laws are meant to bring down the black and latino vote in this country, and that makes it harder for republicans to win. so is that the other aspect of this? >> they are not going to get rid of holder. they want to get rid of president obama. they weren't wild about bill clinton, but they really dispresident obama. the idea it is 45 years since john lewis marched across that bridge, and we still have this type of behavior of people passing laws to stop black people from voting we ought to act like we're swedes and give people an hour after the deadline to vote. >> all right. congressman great as always

michale hastings, thank you so much everybody. we appreciate the conversation. now when we come back we go back to health care. you know republicans say we don't need we're number 1. except for the fact that we're number 37. so we'll talk about what is in our system, and how this can help you. >> they invited their neighbors to come and listen to a record on the evils

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if you missed joy behar one week only... >>hey, time flies when you're having fun. >>don't worry because she'll be back. >>where are the lefties besides on current tv? >>joy behar is getting her own show coming to current tv this fall. ♪ well everybody knows that america's number 1 in everything!

that must include health care that's why the republicans keep saying our health care system is awesome. except according to the world health organization we are number 37! i don't have enough fingers. number 37 in the world, so obviously not that good. back in 1971 get a load of this president who wanted new health care reform. >> the purpose of this program is simply this. i want america to have the finest health care in the world and i want every american to be able to have that care when he needs it. >> but they didn't get it. why? because propaganda against healthcare reform has been going on forever. the american medical association's president, dr. edward annis had this to say all the way back in the 1960s. >> this would put the government smack into your hospital. defining services. setting standards.

establishing committees. calling for reports. deciding who gets in and who gets out. after all the government has to treat everyone fair and equal, don't you know. take us all the way down the road to a new system of medicine for everybody. >> what an annis. they spent $235 million on ads in this go around that had a similar message. and healthcare lobbying and they still lost. let's talk about what changes this will make to healthcare. we'll bring on our h hltare pe peac j skiechnchhn hehe. ther wawa one changngee thatt t t supreme e ururd. and that isats change the bill on its face very much. it will affect 17 million people if all of the states opted out.

that's not likely going to happen. the states didn't want to be forced to participate in medicaid, because they were afraid -- let my explain it this way. is medicaid is voluntary. and they didn't want to be forced to expand it and pay all of medicaid and the supreme court said the federal government cannot take away the medicaid funds that currently exist if the state opts out of the expansion. >> so if texas wants to opt out -- >> right. >> and next thing you know they are still going to lose a lot of money. >> they will have the money they have now, but they won't have more money to expand it. and that's not a very smart thing to do because all of the money is federal money for the first ten years. so it's good for the states to take the expansion -- >> they might do it any way

because they are red states but then their citizens will get pissed. >> not only that but you are lower almost people who can't afford medicare. >> and if the companies get pissed then they are definitely not going to do it. >> yeah. >> let's talk about what is going to go into effect? what are the provisions that don't get talked about enough that are a real benefit to the american people. >> for me personally and my girlfriend it's no more gender rating. if you and i are the same age and you smoke and i don't, i still get charged more than you do. >> really? >> yes, really. >> okay. that was a win for me -- all right. >> they can't drop you now if you get sick. there are a lot of times insurance companies can't drop

you if you get sick. and they have to cover people that have preexisting conditions. and i like to say if you sneeze once back in 1982 you have a preexisting condition. >> oh yeah. when you look at the politics of this, you have your rebate -- the $1.1 million rebate when they get the $151 check on average, they are going to say i like this health care bill, right? >> yeah. >> and then there's like 28 other provisions that people are now beginning to experience and look forward to? >> right. some of these thing have already been in effect like we talked about, like people under 26 being able to be on their parent's health care plan and closing the doughnut hole for

medicare, but there's things like making sure there is no lifetime caps on coverage. so these are the things you'll hear more and more about as we go on. and each state where people can comparison shop for healthcare plans. >> all right. that's a lot of benefits. do you think the president should run on this given that it looks like a lot of people would benefit? >> i don't understand why he wasn't running on it all along. everybody has experienced problem in the healthcare area. >> all right. jacki schechner brilliant as usual. thank you for the analysis. >> all right. when we come back chief justice switched at the last moment why did he do it? and what is his relationship to president obama. was it something that president obama said? really interesting conversation. we'll bring back our constitutional law professor to

talk about that. >> john (vo) john fugelsang is filling in >> he caved on the public option, he caved on the bush tax cuts, the guy has caved so many times there are miners trapped inside of him.

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other side effects include dry mouth and constipation. nothing can reverse copd. spiriva helps me breathe better. does breathing with copd weigh you down? ask your doctor if spiriva can help. the real world and politics collide on "the gavin newsom show." for elon musk what could possibly be next? watch "the gavin newsom show." ♪ we're back on "the young turks." everybody thought if there was going to be a conservative justice that voted with the liberal justices that it was be justice anthony kennedy, but he said in the decision, quote:

so that is very clear, but then all of a sudden chief justice john roberts changes his mind goes another direction, and upholds the law with the liberals. could it have something to do with something that president obama today? he sent a message before the supreme court ruled. >> with respect to healthcare i continue to be confident that the supreme court will uphold the law, and the reason is because in accordance with precedent out there, it's constitutional. >> it was basically a message, saying hey, listen if you want to make sure that the supreme court is not viewed as partisan and political, you should listen to what the american people said, and uphold this law, and it's possible that justice roberts actually listened. let's bring back paul campos, professor of law at the university of colorado at

boulder. professor campos is there any chance that justice roberts got swayed by that message and other messages out there saying you will be considered par an hacks in >> we can't be for sure but i think there's a real possibility it played a role. ruling this unconstitutional would have been an extremely radical act. this is perhaps the most important piece of legislation passed by the federal government in decades. when you read the dissent, you can see how extreme these justices are. alito, scalia and thomas have an extremely reactionary philosophy that would throw out most of the deal. anthony kennedy has a long

history of voting with business interests, so it was really left to john roberts to decide whether he wanted his legacy to be overseeing the most reactionary move by the supreme court in years, and at the last moment i think he just couldn't do it. >> kennedy, i wouldn't have been surprised if he votes with conservatives, but the harshness of his dissent surprised me. now is there aberration for roberts to go in this direction? has there been any moderate hints before at all, or is this his way of saying listen i'm going to find a reason to make sure the law is upheld but don't take it as a sign that i'm a moderate or anything? >> yeah i think that this isn't some sign that roberts is really a moderate. he has been a very very reliable conservative vote.

he has never been the deciding vote in a case before that has gone in the liberal direction on any significant kind of issue, so this is a real shocker, but if you read the dissent it's quite clear that that dissent was originally the majority opinion. and there are all sorts of tells all over it that indicate that just roberts simply changed his mind at the last minute. he just wasn't able to go through with such a radical act. he is after all the chief justice of the court. and i believe -- it can't be proven, and the supreme court tends to be very closed mouth about these things but i think it was signalling that roberts has betrayed them at the last moment and the conservative revolution they had been laying the grown work for so long just isn't going to happen. >> yeah it's a fascinating

drama, and it's possible we'll never know why he switched his vote. did one of the liberal justices convince him? did he use the tax argument as a fig leaf? did he really believe it? so it's a fascinating story. professor campos thank you so much for helping us break it down today, really appreciate it. >> thanks for having me. >> all right. when we come back what did i tell you about jpmorgan. they said we're only going to have $2 billion worth of here we are on the "full court press" this tuesday, june 12th. good to have you with us. >> announcer: on your radio, on

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♪ so jamie dimon is the ceo of jpmorgan, and they had a $2 billion loss on a trade. you know what i said? i said i don't think i believe

them. on may 14th on this program, this is what i said. >> they don't know what the best positions are yet, it would be the tip of the iceberg. >> tip of the iceberg, jamie dimon has no idea what he is doing. he is a clown extrordanaire! the best of the press said no he is the best banker. report out today, $9 billion. they are thinking it is going to be at least a $9 billion loss for jpmorgan. it lead to shares dropping down 4.2% today alone. down 23% over the last three months. what happened genius? you don't have anything figured out! $9 billion and we're still counting! they are in the middle of getting out of that trade! it's a disaster. i tol